Mohit Sharma vs State

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.289/2020 registered at Police Station Suratgarh, District Sri Ganganagar, for offences under Sections 8, 22 and 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that co-accused Krishan Kumar (S.B. Cr. Misc. Bail Application No.15265/2022) has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 18.05.2023.

The order dated 18.05.2023 is reproduced herein below for ready reference:

“Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.289/2020 of Police Station Suratgarh Sahar, District Sri Ganganagar for the offences punishable under Sections 8/22 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, Parvorin Spas tablets (200 strips) containing narcotic substance tramadol weighing 1.690 Kgs was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 17.07.2020 and the prosecution is required to examine 22 prosecution witnesses, out of which, statements of only two witnesses have been recorded till date and trial of the case is likely to take time.

Learned counsel has placed reliance on the decision dated 28.03.2023 rendered by Hon’ble the Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave Petition (Crl.) No(s).915 of 2023, wherein it is observed by the Hon’ble Supreme Court that delay in trial can also be considered for releasing accused person on bail despite the restrictions imposed under Section 37 of the NDPS Act. Learned counsel for the petitioner has submitted that in the light of the judgment passed by the Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), the petitioner is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having heard the learned counsel for the parties, after going through the material available on record and in view of the judgment passed by Hon’ble Supreme Court in Mohd Muslim @ Hussain’s case (supra), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Krishan Kumar S/o Shri Meghraj shall be released on bail in connection with FIR No.289/2020 of Police Station Suratgarh Sahar, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.”

Learned counsel submitted that the case of the present petitioner is not distinguishable from that of co-accused Krishan Kumar who has already been enlarged on bail. Learned counsel submitted that in view of the fact that till date, statements of only two witnesses have been recorded by the competent criminal court, the trial pending against the petitioner for the offences under Sections 8, 22 and 29 of the NDPS Act is not likely to be completed in near future.

Learned counsel submitted that since co-accused Krishan Kumar has already been enlarged on bail by a coordinate Bench of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case is likely to consume sufficiently long time.

On these grounds, he implored the Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that co-accused Krishan Kumar has already been enlarged on bail by a coordinate Bench of this Court.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mohit Sharma S/o Sh. Ramesh Sharma arrested in connection with F.I.R. No.289/2020 registered at Police Station Suratgarh, District Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.